3.Access to and Use of the Services.
3.1.Service Materials. The Services may provide you with access to a variety of content, data and materials, as updated by Legend from time to time, including, without limitation: (a) materials and other items relating to our products and services, and similar items from our licensors and other third parties, including, but not limited to, the user interfaces, design, graphics, look and feel of the Services and any buttons, text, icons, images, video clips, audio clips, sounds, pictures, advertising copy and interactive features contained therein; (b) trademarks (including but not limited to Legend), logos, trade names, trade dress, service marks, and trade identities of various parties (collectively, “Marks”); (c) documents, including, but not limited to, surveys, plats, title reports, commitments, policies and endorsements, purchase agreements, leases, licenses, escrow agreements, loan agreements, promissory notes, deeds, deeds of trust, declarations, covenants, conditions, restrictions, riparian rights, rights of way, easements, affidavits and other real property instruments; (d) educational information regarding the sale and financing of real estate, including, but not limited to, Multiple Listing Service information and other related Third-Party Materials (as defined below); and (e) other forms of intellectual property ((a) through (e) are collectively referred to as “Content”).
4.Intellectual Property Rights.
4.2.Trademark Restrictions. Except as permitted under the Limited License, You will not use the Marks for any purpose. You may not use any meta-tags or other hidden text using any of the Marks. You will not take any action in derogation of our rights in the Marks, including, but not limited to, using any Mark in a confusing or disparaging manner, or applying to register any trademark, trade name, service mark or other designation anywhere in the world that is confusingly similar to any Mark.
5.Feedback; User Contributions.
5.1.Feedback. To the extent you provide us with any feedback, suggestions or comments with regard to the Content or the Services (“Feedback”), you agree to assign and hereby assign to the us all right, title and interest in and to the Feedback. To the extent the foregoing assignment of Feedback is not allowed by applicable law, you hereby grant to us a perpetual, irrevocable, worldwide, exclusive, transferable, fully sublicensable, fully paid-up, royalty-free license to use the Feedback for all manner and means that we see fit.
5.2.Use of User Contributions. If you choose to submit information or material to us through the Services (such information, “User Contributions”), you grant to Legend an unrestricted, irrevocable, perpetual, fully transferrable, fully sublicensable, fully paid up, royalty-free license to use, reproduce, display, perform, modify, transmit, create derivate works of and distribute such User Contributions. You also agree that we are free to use User Contributions for our business purposes, including, but not limited to the delivery, development and improvement of the Services. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to User Contribution. We will not be subject to any obligations of confidentiality regarding User Contributions, except as agreed by us or as otherwise specifically required by law.
5.3.Representations and Warranties. By submitting User Contributions and/or Feedback to us through the Services, you represent and warrant to us that: (a) you own or control all rights in and to such User Contributions and Feedback as you submitted; (b) you have the right to grant the license or assignment granted in Sections 6.1 and 6.2, as applicable, to us and our service providers, and each of our respective licensees, successors and assigns; (c) the User Contributions and Feedback submitted do not violate any applicable federal, state, local or international law or regulation; (d) our use of the User Contributions and any Feedback will not infringe, misappropriate or otherwise violate the rights, including any intellectual property rights or other rights, of any person; and (e) User Contributions and Feedback do and will comply with our Content Standards (as defined below).
6.Content Standards; PROHIBITED USE.
6.3.Personally Identifiable Information. You are prohibited from posting any User Contributions or Feedback containing official identification information (whether of your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number or any other similar number, code or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Legend may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information.
6.4.No Endorsement. Legend does not endorse and is not responsible for any User Contributions, Feedback or Third-Party Materials, including any opinion, advice, information or statement contained therein. You acknowledge that by accessing the Services, you may come into contact with Content, User Contributions, Feedback or Third-Party Materials that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Legend shall have no liability with respect to such content.
6.5.Termination. Legend reserves the right to refuse service, terminate accounts, terminate your rights to use the Services or remove or edit your User Contributions or Feedback in its sole discretion. Legend may also terminate these Terms and Conditions at any time and for any reason.
When you visit the Services or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail and you consent that all agreements, notices, disclosures and other communications that we provide to you in e-mail form satisfy any legal requirement that such communications be in writing, and you expressly waive any right to receive hard copy communications via personal delivery, mail, courier or any other method. You further consent to receive occasional email and text messages from Legend regarding products and services offered by Legend, its partners and/or affiliates. IF YOU WISH NOT TO RECEIVE ELECTRONIC COMMUNICATIONS UNRELATED TO COMMUNICATIONS DIRECTLY RELATED TO YOUR EXPERIENCE AS A CUSTOMER OF Legend, PLEASE NOTIFY US.
9.Third-Party Services and Materials.
The Services may display, include or make available Content, data, information, applications, plugins, products, services, listings, resources, platforms, functionality or materials from third parties (including Legend affiliates) or provide links to certain third-party websites, webpages, platforms or applications (collectively, “Third-Party Materials”). Such Third-Party Materials provided by the Services may include, without limitation, payment processing services, financial services and Multiple Listing Services. Any activities in which you engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use, service and/or sale and rules issued by the provider of such Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and should not be interpreted as approval by us of those Third-Party Materials. We have no control over the contents of Third-Party Materials. We do not assert copyright or grant any rights to the underlying images or descriptions of third-party real estate listings provided through the Services. Any use of these Third-Party Materials is subject to the copyright owner’s permission and the requirements of applicable law. The Third-Party Materials may contain information about us and/or our products and services that have not been approved and/or endorsed by us. We are not responsible for the contents of, or the consequences of accessing, any such Third-Party Materials and disclaim any responsibility for the accuracy or appropriateness of the information contained therein. We encourage you to review the legal terms governing any Third-Party Materials which you choose to access in connection with the Services.
10.2.Third Party Processors. We use third-party payment processors, including, but limited to, Stripe™, to process your payments. Such payment processing services are considered Third-Party Materials. These third-party payment processors will collect the information necessary to effectuate your transaction with us, such as credit/debit card number, security/CVV code and expiration date. The third-party payment processors will handle your payment information in accordance with their own policies. Legend does not have access to your full payment information. You are responsible for payment of any additional charges or transaction fees charged by any third-party payment processor or service provider.
The Content on our social media channels, including but not limited to, X (formerly known as Twitter), Instagram, LinkedIn, YouTube, Facebook and Medium is provided “As-Is” and for informational purposes only. We do not warrant the accuracy, completeness or usefulness of any information available on our social media channels. We do not control and are not responsible for any third-party content on such channels or on other third-party sites that may be linked to such channels. Such third-party content or sites should not be presumed to reflect our views. We are not responsible for your use of such channels or such third-party content or sites, or for any third party’s policies or practices regarding security, privacy, use or other matters.
12.Disclaimer of Warranties.
12.1.Services Disclaimers. YOUR ACCESS TO AND USE OF THE SERVICES AND ALL CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SERVICES ARE PERFORMED AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, EACH OF WHICH ARE HEREBY DISCLAIMED BY Legend. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SERVICES ARE OR WILL BE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL CODE. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR DATA AND ANY CONTENT WHICH YOU SUBMIT THROUGH THE SERVICES. IN NO EVENT WILL Legend BE LIABLE FOR THE LOSS, DESTRUCTION OR UNAUTHORIZED DISCLOSURE OF YOUR DATA.
12.2.Third-Party Materials Disclaimer. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH OR OBTAINED FROM A LINKED SERVICES OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT.
12.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Legend OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, REGISTERED REPRESENTATIVES OR EMPLOYEES OR ANY AGENT, LICENSOR OR THIRD PARTY VENDOR, BE LIABLE OR HAVE ANY LIABILITY FOR, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST PROFITS ARISING OUT OF, RELATED TO OR IN ANY WAY IN CONNECTION WITH YOUR: (A) ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICES OR RELIANCE ON THE CONTENT; (B) ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR LINE OR SYSTEM FAILURE ASSOCIATED WITH THE SERVICES; (C) ANY LOSSES YOU MAY SUSTAIN FROM INTERACTING WITH A LINKED THIRD-PARTY SERVICES OR WITH THIRD-PARTY MATERIALS, IN EACH CASE, REGARDLESS OF OUR KNOWLEDGE THEREOF; OR (D) ANY LOSS OR UNAUTHORIZED DISCLOSURE OF YOUR DATA OR INFORMATION. YOUR SOLE REMEDY RELATING TO YOUR USE OF THE SERVICES AND/OR CONTENT IS TO CEASE USING THE SERVICES.
14.2.California Residents Waiver. If you are a California resident, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
15.CHANGES AND MODIFICATIONS.
16.Governing Law; Dispute Resolution.